Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine
Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]
DEFAMATION -- LIBEL AND SLANDER
The First Amendment to the Constitution provides a broad right of freedom of speech. However, if a false statement has been made about you, you may have wondered if you could sue for defamation.
Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word.
If the statement is made about a public official - for example, a police officer, mayor, school superintendent - or a public figure - that is a generally prominent person or a person who is actively involved in a public controversy, then it must be proven that the statement was made with knowledge that it was false or with reckless disregard for whether the statement was true or false. In other words, the fact that the statement was false is not enough to recover for defamation. On the other hand, if the statement was made about a private person, then it must be proven that the false statement was made without reasonable care as to whether the statement was true or false.
There are a number of defenses available in a defamation action. Of course, if a statement is true, there can be no action for defamation. Truth is a complete defense. Additionally, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation. We do not impose liability in this country for expressions of opinion. However, whether a statement will be deemed to be an expression of opinion as opposed to a statement of fact is not always an easy question to answer. For example, the mere fact that a statement is found in an editorial is not enough to qualify for the opinion privilege if the particular statement contained in the editorial is factual in nature.
There is also a privilege known as neutral reporting. For example, if a newspaper reports on newsworthy statements made about someone, the newspaper is generally protected if it makes a disinterested report of those statements. In some cases, the fact that the statements were made is newsworthy and the newspaper will not be held responsible for the truth of what is actually said.
There are other privileges as well. For example, where a person, such as a former employer, has a duty to make reports to other people and makes a report in good faith without any malicious intent, that report will be protected even though it may not be totally accurate.
Another example of a privilege is a report on a judicial proceeding. News organizations and others reporting on activities that take place in a courtroom are protected from defamation actions if they have accurately reported what took place.
If you think you have been defamed by a newspaper, magazine, radio or television station, you must make a demand for retraction before a lawsuit can be filed. If the newspaper, magazine, radio or television station publishes a retraction, you can still file suit, but your damages may be limited. Unless the media defendant acted with malice, bad faith or reckless disregard for the truth or falsity of the story, you can only recover your actual damages. No punitive damages can be assessed in the absence of these elements.
An action for libel or slander must be brought within two years of the time the statements were made. If you wait beyond this two year period, any lawsuit will be barred.
Libel and slander cases are often very complicated. Before you decide to take any action in a libel or slander case, you should consult with an attorney. An attorney can help you decide whether you have a case and advise you regarding the time and expense involved in bringing this type of action.
(updated 12/01)
Uh-oh, now you've gone and done it.
What does that make me?
A Godless Papist Heathen Socialist Stalinist Secular Humanist Statist Clinton-Lover who probably molests lawn gnomes. :-)
AHHHH. I finally see why you appear to be threatening folks on this forum for expressing what they believe to be true. You are upset because the serfs were actually able to impact policy at the state level in Florida. It all makes sense now.
All,
This thread appears to be the result of what happens when Chancellor Palpatine (CP) feels that the almighty power of the state might be threatened in some small way. It horrifies him to think that you lowly peopns might be able to have some influence with the government which does so much in your name. In all the time I've seen CP here on Free Republic, I have never observed him (it?) to take a stand that didn't support government action no matter how heinous those actions might be.
I just bought two pounds of butter this morning and 4 lbs of real popcorn (yellow), not that microwave stuff. I'll use a stick or so on each bowl, but that may be too restrained for you. I could call my #5 sister who made a concoction my Dad called "popcorn butter soup." When she makes popcorn, she REALLY makes popcorn.
I'm so lucky to live in America's Dairyland.
ALL YOUR LAWSUIT ARE BELONG TO US!
There. NOW it has everything.
It says opinions.
It may say that, but that doesn't save a post that is clearly an assertion of fact. Such a post might hypothetically be, e.g., "I know for a fact that Michael Schiavo has lied about abusing Terri Schiavo." By making that hypothetical post a poster would be making an assertion of fact.
It would be up to the courts to prove otherwise.
Actually it would be up the plaintiff in such a suit to prove libel.
Same here, but the bottom of EVERY page says all posts are opinions. EVERY page. EVERY FREEPER can see it, and feel confortable enough to express themselves.
It says ALL POSTS are opinions.
I don't think that's necessary.;~)
For example, a person can be liable for defamation if he/she republishes a defamatory statement. For example, if a magazine publishes a defamatory article, and you post it here, you can be just as liable as the magazine. It doesn't really matter how you want to construe the language on the home page.
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